Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Investigation - Difference between two provisions of Ss.156(3), 202(1) Cr.P.C - Investigation by police officer u/s 156(3) Cr.P.C is at pre-cognizance stage, whereas, power to order investigation u/s 202(1) Cr.P.C is at post-cognizable stage - Investigation u/s 202(1) Cr.P.C is for purpose of ascertaining truth or..........
Indian Penal Code, 1860, Section 504, 506 -- Offence u/ss 504, 506 IPC - No credible evidence regarding offence u/ss 504, 506 IPC found - Allegations therefore, found false by I.O - FIR quashed...........
Indian Penal Code, 1860, Section 420, 419 -- Offence u/ss 420, 419 IPC - Transfer of investigation - Allegations that Special Director CBI and concerned IGP have influenced administrative authorities of UT CHD. - False FIR was also lodged against petitioners with an intention to extort money from petitioner - Transcripts placed on record by petitioner do not make out a..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 420 -- Anticipatory bail - Rape - False promise of marriage - Petitioner knowing that victim belongs to SC category and he belong to upper caste and also knowing that his father will not grant permission to marry her, committed rape on her - Specific allegations on record that petitioner took..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 419, 201, 34 -- Bail - Rape - Allegation that accused impersonating a Hindu name despite fact that he was a Muslim, establishing sexual relations with victim on false promise of marriage - However, both accused and victim were grown up adults at the time when first time they established..........
Prevention of Corruption Act, 1988, Section 19, 8, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 198 -- Sanction for prosecution - Offence u/ss 8, 13(1)(c), 13(2) of P.C Act and S.198 IPC - Accused seized to be public officer on the date of taking cognizance of offences against him - Allegations of abuse of office are not against accused - Allegations against accused..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False, baseless, scandalous, malicious and unproven allegations made in written statement may amount to cruelty - If it is established from evidence that allegations were evidently false, then such baseless allegations made in the written statement can amount to cruelty and Court can pass a decree of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False and baseless allegations in written statement - Plea that as husband was casting aspersions on wife's sexual behaviour, as such she was justified in retorting by making a counter allegation - This explanation is wholly unconvincing and does not dilute the act of cruelty, committed by wife - Besides..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegation of impotency against husband - Amounts to cruelty, as it is likely to impact husband's self image and adversely affects his mental well being...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegations against husband - Imputations and allegations made by wife in her written statement repeatedly reinforced during trial - Even allegation made by wife that she was mistreated or tortured not proved by her - False accusation which are not proved are bound to cause deep hurt and anguish to..........
